Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
"I've been very vocal about congressional authority under a Democratic president or now under a Republican president," the Washington state congresswoman tells Reason.
Trump's new imperialism makes neither economic nor geopolitical sense.
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Sen. Rand Paul's attempt to end the non-existent economic emergency failed to pass the Senate on Wednesday night.
I was interviewed by attorney/podcaster Irina Tsukerman.
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
The president’s sweeping import levies have no basis in the statute he cites.
I was one of 35 legal scholars who took part.
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
Small businesses and a dozen states have filed a pair of lawsuits challenging Trump's authority to impose tariffs on board games, clothes, and lots of other things.
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
The degree of agreement among participants with major ideological diferences is striking.
The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.
The motion was filed today, and sets out our case in detail.
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
The Liberty Justice Center and I filed the case on Monday.
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
I was interviewed by Caleb Brown of Cato.
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Several businesses harmed by Trump's "Liberation Day" tariffs have filed a lawsuit challenging his use of emergency economic powers.
Richard Nixon infamously drafted an "enemies list" of people he wanted to go after. At least Trump conducts his corruption out in the open.
It was filed today in the US Court of International Trade.
They argue the tariffs violate the constitutional separation of powers and their tribal treaty rights.
Trump lost on his most aggressive claims of executive power for the second time in a week.
"Nor is it taking a new approach."
Unanimous ruling is a big win for immigrant rights. But it does have unfortunate ambiguities.
Even after Trump paused some of his new tariffs for 90 days, we still have the highest average tariffs in over a century and the biggest trade war since the Great Depression. Real relief will only come if Congress or the courts deny Trump the power to do this.
We need a district judge to enter a nationwide injunction putting a stop to these huge unilateral, presidential tax increases on ordinary working-class people.
But 10% tariffs are still being imposed on nearly all countries, without any letup. And we are still moving ahead with our lawsuit challenging them.
